Work Condition Questions
If an employees work condition and job duties have changed which resulted them in needed time off but was denied for time off and they took it off anyway, the employer is now giving them the choice of termination or quitting, which would be best to receive unemployment benefits?In order to receive unemployment benefits, the employee would need to be terminated. If the employee just quits their job, they will need to show that they had good cause to quit and that reduces their chance of receiving the benefits. In this case, the employee can state that the work conditions have changed significantly since they have started and they could not work under these conditions, so they had no choice but to quit. By doing this, it can be considered a good cause to leave the employment.
If an employee quits because of unsafe work conditions (stove catching on fire and employer has done nothing about it) can they be denied for unemployment benefits?In many cases if an employee has quit their job they will not be entitled to unemployment, unless it is for good cause. A good cause would be considered an unsafe work environment. The employee would need to prove that the working conditions were unsafe with documentation stating that the fire happened because of a malfunction with the stove, and the employer has taken no actions to repair it. If an employee feels they are working in unsafe work conditions, they need to report this immediately.
Can an employee receive unemployment benefits if they voluntary quit their job because their work conditions were unbearable?The employee can receive unemployment benefits when they quit only if they had a “good cause” to leave their employment. Such as an employee who wanted to keep their job would be forced to quit, like an employer changing the employees work schedule to hours they cannot commit to because of childcare or an employer requesting the employee do something that is illegal. These are examples of what can be considered “good cause”.
If an employee has diagnosed with Post Traumatic Stress Disorder (PTSD) which has aggravated their work conditions, and have co-workers with the same work conditions who do not have PTSD, does the employee have recourse under the Americans with Disabilities Act (ADA) ?According to the new Americans with Disabilities Act guidelines, it is likely that Post Traumatic Stress Disorder would be considered under the ADA, so their doctor would need to document how this permanently impairs a major life function and then suggest many reasonable accommodations to the employer. If the employer refuses, and terminates the employee, the employee will need to file a complaint to the commission on human/civil rights and the Equal Employment Opportunity Commission for discrimination and then they will need to investigate to decide if the employee has the right to sue.
What can an employee do if their supervisor is hostile and has made them feel intimidated and also talking about the employees work with others?In many employments supervisors act unprofessional and show frustration towards employees and even terminate an employee who is at-will for no reason at all. If these actions are directed towards discrimination based upon race, gender, disability etc., the employee can file a claim against their supervisor on discrimination. Also, if the supervisor makes false statements about an employee to others or if the false statements damage the employee, the employee may also sue the supervisor and/or the company for defamation.
Everyday employees are facing many different work conditions. In some cases these work conditions are either unfair or unsafe, and there are laws that protect employees from these sorts of work conditions. Contact an Expert to gain insight and legal answers on the laws of work conditions.